Judicial review procedure in Northern Ireland is similar to the procedure in England. Applications for leave to apply for judicial review must be made "promptly and in any event within 3 months" from the date when grounds for the application first arose. The primary requirement is always one of promptness and leave may be refused on the ground of undue delay even if the application is made within 3 months. To obtain leave to proceed to a full hearing the applicant need only establish an arguable case. In contracts where the contract is conditional on a "clear" planning permission it is usual to allow the condition period to run for the full 3 months after the grant to cover the possibility of a judicial review challenge.
The judicial review process is carried out by written evidence through affidavits and although the Court has discretion to order cross-examination, it is rare that deponents are cross-examined on their affidavit evidence.